§971g — Title 16 Conservation | U.S. Code

Summary

U.S. Commissioners, working through the Secretary of State and with the agreement of the agency involved, can set up cooperation with federal, state, and private groups to carry out the duties under Article IV of the Convention. Federal agencies may help the Commission when asked by running programs and providing facilities and staff. No federal or state law or rule can stop the Commission from carrying out scientific fishing or biological experiments or from doing other tasks required by the Convention. The law does not change a State’s control over its coastal waters unless certain steps are not taken. If a State does not request a formal hearing and, after notice from the Secretary, does not, within a reasonable period of time, adopt rules to follow a Commission recommendation or has weaker or poorly enforced rules, then the Secretary can have the regulations made under this law apply inside that State’s waters. The Secretary must keep reviewing each State’s laws and how well they are enforced.

Title 16, §971g

Conservation — Source: USLM XML via OLRC

(a)The United States Commissioners, through the Secretary of State and with the concurrence of the agency, institution, or organization concerned, may arrange for the cooperation of agencies of the United States Government, and of State and private institutions and organizations in carrying out the provisions of article IV of the Convention.

(b)All agencies of the Federal Government are authorized, upon the request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention.

(c)None of the prohibitions deriving from this chapter, or contained in the laws or regulations of any State, shall prevent the Commission from conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation, or shall prevent the Commission from discharging any other duties prescribed by the Convention.

(d)(1)Except as provided in paragraph (2) of this subsection, nothing in this chapter shall be construed so as to diminish or to increase the jurisdiction of any State in the territorial sea of the United States.

(2)In the event a State does not request a formal hearing and after notice by the Secretary, the regulations promulgated pursuant to this chapter to implement recommendations of the Commission shall apply within the boundaries of any State bordering on any Convention area if the Secretary determines that any such State—

(A)has not, within a reasonable period of time after the promulgation of regulations pursuant to this chapter, enacted laws or promulgated regulations which implement any such recommendation of the Commission within the boundaries of such State; or

(B)has enacted laws or promulgated regulations which (i) are less restrictive than the regulations promulgated pursuant to this chapter, or (ii) are not effectively enforced.

(e)To insure that the purposes of subsection (d) are carried out, the Secretary shall undertake a continuing review of the laws and regulations of all States to which subsection (d) applies or may apply and the extent to which such laws and regulations are enforced.

Executive Documents

Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

§971g Cooperation in carrying out Convention

Summary

Title 16, §971g

Notes & Related Subsidiaries

Executive Documents

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